If you have experienced further or avoidable harm as a result of a medically trained professional failing to meet the minimum standard of care, this guide could help. We will explore how to claim compensation for the misdiagnosis of a fracture as well as what your settlement may comprise following a successful claim.
In addition, we will explore the medical negligence claims process to help you understand the steps you can take to strengthen your case.
We understand you may wish to seek legal representation to help you pursue your claim but may be put off by the cost. If so, you may benefit from hiring a solicitor on a No Win No Fee basis. Our guide will explore this in more detail.
To discuss your potential claim, please get in touch by:
Select A Section
- Can You Claim Compensation For Misdiagnosis Of A Fracture?
- What Is A Fracture Misdiagnosis?
- What Bone Fractures Could Be Misdiagnosed?
- How Do Doctors Diagnose And Treat Bone Fractures?
- What Are The Signs Of A Misdiagnosed Fracture?
- Calculating Compensation For The Misdiagnosis Of A Fracture
- How Do I Start My Claim?
- Fractured And Broken Bone Clams
Medically trained professionals have a responsibility to ensure they provide care that meets the correct standard. If they fail to do so, they may have acted negligently. However, in order to launch a valid claim, you must have sustained harm as a result of their negligence.
A fracture misdiagnosis can mean your injury isn’t treated correctly resulting in you developing ongoing complications. In cases where your fracture was misdiagnosed because a medically trained professional acted with the incorrect standard of care, you could seek compensation.
If your claim is successful, you could receive compensation for the pain and suffering the harm you sustained caused. Also, your settlement could include reimbursement of any financial losses incurred as a result of the harm you sustained.
We have explored how compensation may be calculated throughout our guide. However, if you have any questions about compensation for the misdiagnosis of a fracture, please get in touch with our team on the number above.
There are various types of bone fractures such as:
- Compound fractures
- Open fractures
- Displaced and undisplaced fracture
Generally, when you seek medical attention, they can diagnose you and ensure you receive the correct treatment. However, in some circumstances, a doctor could misdiagnose you.
For example, they might misread the X-ray and diagnose you with a sprained ankle. As a result, you may experience ongoing issues with mobility due to not receiving the correct treatment for your broken ankle.
In this instance, you may be eligible to claim compensation for the misdiagnosis of a fracture.
There are multiple different types of bone fractures that could be misdiagnosed, such as:
- Broken leg – Your doctor may have failed to send you for an X-ray despite the clear broken bone symptoms you were exhibiting. As a result, you may have been incorrectly diagnosed with a severe sprain. Due to the misdiagnosis, you may have continued to walk on your broken leg causing you to experience further harm and ongoing complications.
- Broken wrist – Your doctor may have misinterpreted the X-ray results leading them to misdiagnose you with the wrong type of fracture. As a result, you may have undergone unnecessary surgery used to treat a more severe type of broken bone. The misdiagnosis and unnecessary surgery may have caused you additional harm.
To discuss your potential claim and find out whether you’re eligible to seek compensation for the misdiagnosis of a fracture, please get in touch on the number above.
There are various ways your fracture may be diagnosed, including:
- Physical examination
- CT scan
According to the NHS, the treatment options you may be offered might include:
- Casts to immobilise the area
However, the treatment you receive will vary depending on the type of fracture you have sustained and how severe it is.
There are various signs of a fracture that could vary depending on the affected body part.
However, if you have visited a medical professional with symptoms of a fracture and your symptoms have worsened, you should ensure you go back to the hospital to receive the correct diagnosis and treatment. Your medical records can be used as evidence to support your claim.
There are several steps you could take to strengthen your case including attending an independent medical appointment. The appointment can produce an in-depth medical report on the current state of your condition and how badly it’s expected to affect you in the future.
Additionally, you could seek legal advice from an experienced medical negligence solicitor. If this is an option you’d like to consider, our advisors can assess whether a solicitor from our panel could represent your claim.
For more information, please get in touch on the number at the top of the page.
Each successful claim may comprise general damages and special damages. General damages seek to compensate for the pain and suffering associated with the harm you sustained.
Medical evidence may be used to help when valuing how much compensation you’re owed. Additionally, guidelines from the Judicial College set out bracket compensation awards that correspond with different injuries at varying levels of severity. Solicitors often use these guidelines alongside medical evidence to help them value your claim.
We have used figures from these guidelines in the table below. However, the figures are not reflective of what you will receive following a successful medical negligence claim.
|Injury||Additional Details||Example Compensation Bracket|
|Moderate Ankle Injury (c)||Injuries in this bracket might include fractures and tears of the ligaments.||£12,900 to £24,950|
|Moderate Foot Injury (f)||A displaced metatarsal fracture resulting in ongoing symptoms and deformity that's permanent.||£12,900 to £24,950|
|Wrist Injury (a)||Cases where the person has lost function completely.||£44,690 to £56,180|
|Moderate Hand Injury (h)||This bracket might include crush injuries and soft tissue damage.||£5,260 to £12,460|
|Severe Neck Injury (a) (iii)||Injuries might include fractures, dislocations and damage to the soft tissues that lead to chronic conditions and a permanent and significant disability.||£42,680 to £52,540|
|Minor Back Injury (c) (ii)||Cases where a full recovery has taken place without surgery within two years.||£2,300 to £7,410|
|Shoulder Injury (e)||A fractured clavicle. The award will depend on several factors such as severity and whether symptoms are ongoing.||£4,830 to £11,490|
|Arm Injury (d)||A simple forearm fracture.||£6,190 to £18,020|
|Moderate or Minor Elbow Injury (c)||Injuries might include fractures that are simple in nature and don't cause any permanent damage.||Up to £11,820|
|Severe Leg Injury (b) (iii)||Serious injuries including compound or comminuted fractures .||£36,790 to £51,460|
Special damages offer compensation for the financial impact the injury has had on your life. An example of this could be if you suffered a loss of earnings due to taking time off work to heal from your injury.
However, you must provide evidence of the losses in order to claim them back, such as payslips.
For more information on what you could be awarded after you successfully claim compensation for the misdiagnosis of a fracture, call our team.
Our panel of medical negligence solicitors offer No Win No Fee services, such as Conditional Fee Agreements (CFA).
The contract states that if your claim fails, you won’t have to pay a success fee to your solicitor. If you have a successful claim, the success fee will be deducted from your compensation. However, it is subject to a legal cap. Also, your solicitor will discuss how the fee works and what it covers prior to starting work on your case.
As part of the agreement, you also won’t need to pay any going costs or an upfront fee for your solicitor’s services.
Find out whether a solicitor from our panel could represent your claim on this basis by getting in touch with our team. An advisor can assess the validity of your claim and whether it has a strong chance of succeeding. If it meets the relevant criteria, an advisor may assign a solicitor to your case.
If you’re not yet ready to claim compensation for the misdiagnosis of a fracture and require further clarification on anything regarding your potential claim, please get in touch by:
In this section, we have provided additional resources that you may find beneficial.
- How Much Compensation Will I Get For Medical Negligence?
- What Is The Time Limit For A Medical Negligence Claim?
- £30,000 Compensation For A Broken Forearm
- NHS Constitution For England
- General Medical Council
- NHS Resolution- Annual Statistics
We hope this guide on claiming compensation for the misdiagnosis of a fracture has helped. However, if you need any additional information, please get in touch using the details above.
Article by OA
Edited by EI